RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           18 DECEMBER 2003                  
	DOCKET NUMBER:   AR2003089813

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Presidential Unit Citation and the Vietnam Gallantry Cross Unit Citation with Palm.

2.  The applicant states that the above mentioned awards are not presently on his DD Form 214, and should be added.

3.  The applicant provides a copy of his DD Form 214 and a list of citations provided to him by his Veterans Center.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 13 July 1973.  The application submitted in this case is dated 10 April 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 14 July 1969, for a period of 
3 years.  He successfully completed basic combat training at Fort Gordon, Georgia, and advanced individual training at Fort Dix, New Jersey.  

4.  The applicant served in Vietnam from 5 December 1967 to 30 December 1968, and was assigned to Company E, 4th Battalion, 3rd Infantry.  

5.  On 13 July 1973, the applicant was honorably discharged under the provisions of Army Regulation 635-200, for expiration of term of service.  His 
DD Form 214 indicates he had 6 years, 4 months and 16 days of creditable service, and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, the Combat Infantryman Badge, the Army Commendation Medal with oak leaf cluster, the Good Conduct Medal 1st award, 2 overseas service bars, and the Expert Rifle 
M-14 and M-16.

6.  By virtue of the applicant’s assignment with Company E, 4th Battalion,
3rd Infantry, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Presidential Unit Citation.  He is also entitled to the Vietnam Service Medal with 1 silver service star for his participation in the following five campaigns, the Vietnam Counteroffensive III, IV, V, VI, and the TET Counteroffensive.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Presidential Unit Citation.  

2.  The applicant is also entitled to the Vietnam Service Medal with 1 silver service star for his participation in five campaigns during his tour in Vietnam.

BOARD VOTE:

__RVO __  __JEA __  __YM ___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Presidential Unit Citation, and the Vietnam Service Medal with 1 silver service star.

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003089813	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031218	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.